Terms & Conditions
Last updated Dec 5, 2017
Welcome to carbonbae.com. This Site deals with selling of Coconut Shell Steam Activated Charcoal based herbal beauty & wellness products to our customers. Please review the following terms and conditions of use, which govern your use of the Site (the "Agreement").
Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Site. If you do not agree to these terms, please do not use the Site.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Carbon BAE.
You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site without written consent from Carbon BAE.
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Carbon BAE, whether online, by email, by postal mail, or otherwise ("Comments") shall be and remain Carbon BAE property. Your disclosure, submission or offer of any Comments shall constitute an assignment to Carbon BAE of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments, and Carbon BAE shall not be limited in any way in its use, commercial or otherwise, of any Comments. Carbon BAE is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Carbon BAE has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Carbon BAE or third parties as to the origin of any Comments. You are solely responsible for any Comments you make. Carbon BAE takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
The Site may contain links to other Web sites that are not under the control of Carbon BAE. Carbon BAE has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Site's users.
The materials on the Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Carbon BAE expressly disclaims any duty to update or revise the materials on the Site, although Carbon BAE may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Carbon BAE shall not be liable for any damages of any kind related to your use of the Site.
Mindful of the high cost of litigation, not only in Rupees/Dollars but also in time and energy, both you and Carbon BAE agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to Carbon BAE at: M/s Skyship Exports, Kuriachira , Thrissur PIN 680 006, Kerala. , or (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. Both you and Carbon BAE agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
These terms are effective unless and until terminated by either you or Carbon BAE . You may terminate this Agreement at any time. Carbon BAE also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
1.6 "Product" means a product displayed for sale on the website;
1.7 "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided;
1.8 "Special Conditions" means the terms and conditions in the Product Description;
1.9 "Users" means the customers and visitors who are users of the website;
1.10 "Personal Information" means the details provided by you on registration as amended from time to time;
1.11 "We/us" means carbonbae.com
1.12 "Website" means the website located at www.carbonbae.com or any subsequent URL which may replace it;
1.13 "Cookies" means small text files which our website places on your computer's hard drive to store information about your membership and any shopping session and to identify your computer;
1.14 "You" means member or registered user of the website www.blaqmystiq.com;
1.15 "Consumers means a buyer who does not purchase goods in the course of any kind of business.
2. Use of the website
2.1 Access - you are provided with access to this website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
2.2.1 You warrant that:
188.8.131.52 The Personal Information which you are required to provide when you register or sign up for our newsletter as a member of carbonbae.com is true, accurate, current and complete in all respects
2.2.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
2.3.1 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your Personal Information.
2.4 Our rights
2.4.1 We reserve the right to:
184.108.40.206 modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or
220.127.116.11 Change the Conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the website.
2.5 Basis of Sale
2.5.1 These Terms and Conditions and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the user may purport to apply under any purchase order, confirmation of order or other document and that by placing any order the user acknowledges that any business conducted there under will be subject to these Terms and Conditions of Business.
2.5.2 Any variation of these Terms and Conditions and the Special Conditions will only bind the Seller if agreed in writing between authorized representatives of the Seller and the user.
2.5.3 The Seller's employees are not authorized to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into any contract and in accepting delivery, the user acknowledges that it does not rely on any representations concerning the Goods which are not confirmed in this way.
2.5.4 Nothing in these Terms and Conditions shall operate to deny or limit any rights of or the Seller's liability to any user who is a consumer, which rights such user has at law. In the event of conflict between the Terms of the Contract and any such rights, the latter shall prevail in favour of the user being a buyer who does not purchase goods in the course of any kind of business.
2.6 Orders and Specifications
2.6.1 Goods offered for sale can be held either by us or by our suppliers at the time they are offered for sale. If an item is currently held by our suppliers we will place an order for all items purchased at the point the sale ends in such circumstance goods may take up to 14 business days to be delivered.
2.6.2 All orders will be delivered within 30 days of the original order date. If this time period is exceeded for any reason you will be notified by email of this delay and given the option of cancelling your order. Please note this guarantee does not apply for orders where delivery has been attempted and our courier has been unable to make the delivery as there was no one available to sign for the goods.
2.6.3 All Goods are offered for sale subject to availability and subject to the Seller's acceptance of the Order.
2.6.4 No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in writing who reserves the right in its ultimate discretion whether to accept an order from time to time from any Member.
2.6.5 Any literature published or submitted by the Seller to the user which contains any descriptions, specifications, drawings or prices of the Goods is published or submitted for guidance only. The Seller reserves the right to make minor modifications in the design and specification of the Goods without notice to the user, but agrees to notify the user of any major or material modifications which the user shall be deemed to have accepted unless notification to the contrary is received in writing by the seller within 7 days of delivery.
2.6.6 In the event that the Seller accepts an Order from a user and that for reasons beyond the control of the Seller that it is unable to supply the goods ordered to the user then the user agrees to accept the repayment of the amount paid to the Seller in full and final settlement of all and any claims it may have as against the Seller for non-delivery.
2.7 Price and Payment
2.7.1 The user will pay the Price together with delivery charge on the sale of the Goods in accordance with the procedures set out in the Seller's website.
2.8.1 The place for delivery of the Goods will be agreed between the Seller and the User and shown on the Order Confirmation.
2.8.2 Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the user arising from any delay in the delivery of the Goods howsoever caused.
2.8.3 The User must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the user of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. The user may not reject the Goods or any part of them solely on the grounds of short delivery of an installment. If goods have any damage or defect immediately apparent on receipt then it is advised that the delivery be rejected and left with the courier service for return.
2.8.4 The Seller reserves the right to make delivery of the Goods by installments. If the Goods are to be delivered in installments, each delivery will constitute a separate contract. The user may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the installments or if the user has a claim in respect of any one or more of the installments.
2.8.5 If the user fails to take delivery of the Goods then, in addition to any other right or remedy available to the Seller, the Seller may do either or both of the following;
18.104.22.168 Store the Goods until actual delivery and charge the user for the cost of storage, together with any other reasonable incidental costs;
22.214.171.124 Sell the Goods at the best price readily obtainable by the Seller and (after deducting all storage and selling expenses) charge the user for any shortfall below the Price. The user must advise the Seller in writing of any alteration, cancellation or deferral of delivery and the Seller reserves the right to make a charge (which will not normally be less than 20% of the cost of the item altered, deferred or cancelled), whether the goods have been taken into stock or not.
2.9 Risk and Property
2.9.1 Risk of damage to or loss of the Goods will pass to the user on delivery at the agreed address.
2.9.2 Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received in cleared funds full payment of the Price and all other sums which are due, owing or payable by the user to the Seller in respect of the Contract or any other Contract between the Seller and the user.
2.10.1 The Seller will not be liable for short delivery or defective Goods unless notice is given to the Seller in writing within seven days of delivery and the Seller will not be liable for any defective Goods unless the Seller receives notice within seven days of the user becoming aware of the defect or, where upon reasonable inspection of the Goods, the user should have become aware of such defect. In each case, the notification must include the invoice number, delivery note number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the user the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the Buyer in respect of the matters referred to in this Condition.
2.10.2 The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
2.10.3 Nothing in this Condition 2.10 shall limit or exclude any liability of the Seller for death or personal injury caused by the Seller's negligence. Except as provided in this Condition 2.10, the Seller will not be liable to the user for any indirect or consequential loss or damage, costs, expenses (including loss of profit) or other claims for compensation whatsoever arising out of or in connection with the sale of the Goods or their use or resale by the user.
2.11 Third party links
2.11.1 To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
3.1 We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below).
3.2 When you shop on this website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password.
3.3 You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
3.4 We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:
3.4.1 Processing your orders
3.4.2 To serve website content and advertisements to you;
3.4.3 To administer this website;
3.4.4 If you consent, to notify you of products or special offers that may be of interest to you.
3.5 You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights.
3.6 You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
4. Purchase of products
4.1.1 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
4.2 Contract creation and electronic contracting
4.2.1 The technical steps required to create the contract between us are as follows:
126.96.36.199 You become a registered user of the carbonbae.com website.
188.8.131.52 You place the order for your products on the website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website.
184.108.40.206 We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance by us.
220.127.116.11 As your product is shipped from our warehouse we will send you a despatch confirmation email, with the exception of prescription services where the products are shipped to our lab. In response to your emailed prescription you will receive further Terms & Conditions that govern the sale of prescription lenses.
18.104.22.168 Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions.
4.2.2 Non-acceptance of an order may be a result of one of the following:
22.214.171.124 The product you ordered being unavailable from stock.
126.96.36.199 Our inability to obtain authorisation for your payment.
188.8.131.52 The identification of a pricing or product description error.
184.108.40.206 You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
4.2.3 The contract will be concluded in English.
4.3 Contract cancellation
4.3.1 The user shall have the right to cancel any order for Goods in the case of faulty or defective Goods at the earliest opportunity after the user has discovered the fault or defect (provided that the user shall be deemed to have inspected the Goods as soon as reasonably practicable after delivery and provided that the fault or defect is not minor or trivial and is capable of rectification, and is so rectified, by the Seller at the Seller's cost).
4.3.2 Notice of the wish to cancel must be made to the Seller as shown from time to time on the Seller's website.
4.3.3 In the case of cancellation under Condition 4.3 hereof, the Seller reserves the right to deduct from any credit due to the user (or to charge the user, as the case may be) a sum equal to the normal delivery charge applicable to the Goods in regard to re-delivery of the Goods to the Seller. Other than that, the Seller shall refund to the user all sums paid (including initial delivery charges (if any)) in respect of the Goods in question.
4.3.4 In the case of cancellation under Condition 4.3 hereof, the Seller shall be responsible for all sums paid (including initial and re-delivery charges (if any)) in respect of the Goods in question.
4.4.1 All items of Goods which are returned by the user to the Seller must be returned with their original, undamaged packaging and must be in an unused condition (except only in the case of Goods which have been discovered to be faulty upon use).
4.4.2 All items of Goods (other than faulty Goods) must, upon return, be received by the Seller with the original packaging, failing which the Seller reserves the right to refuse either all or some of the refund which would otherwise be due in respect of such returned Goods. The cost of returning Goods shall be borne by the user. Faulty goods need to be returned to the standard returns address for a full refund to be possible. Please note the returns address is different to our registered office. All returns must be tracked or register posted to M/s SKYSHIP EXPORTS. Please do not return by courier as we will not accept full courier charges. The Seller does not bear responsibility for lost returns that are not tracked and / or registered.
4.4.3 The Seller offers a full refund and / or exchange on all goods up to 14 Days from the delivery date.